Jay Collins campaign files legal challenge to James Fishback’s eligibility for governor
TAMPA, Fla. — The Jay Collins for Governor campaign on Monday filed a legal challenge to James Fishback’s eligibility as a candidate for Florida governor, asking a Leon County court to declare that Fishback does not meet the Florida Constitution’s seven-year residency requirement.
The
complaint, filed in Leon County Circuit Court, argues that public records show Fishback cannot satisfy the constitutional mandate that a governor must have resided in Florida for the seven years preceding the election. According to the filing, between 2020 and 2026 Fishback registered to vote and voted in Washington, D.C., purchased property there, signed mortgage documents declaring it his principal residence, and
received a D.C. Homestead Deduction tied to his domicile and principal residence in the District.
Federal law imposes criminal penalties for knowingly making false representations on mortgage documents, the complaint says.
“We can’t afford to play games with Florida’s Constitution that would end up handing the Governor’s Mansion to Democrat David Jolly on August 19,” Lt. Gov. Jay Collins said in a statement. “James Fishback has spent months telling Florida Republicans his polls show him in first place and that he meets Florida’s constitutional residency requirements. If he’s telling the truth, then this lawsuit should be the easiest thing he’s done all campaign. If Fishback is lying, then it’s Florida Republicans who have nothing to worry about, because they won’t end up nominating someone who isn’t even constitutionally eligible to serve as governor.”
The lawsuit seeks an
expedited resolution and asks the court to order relief required by Florida law, including removing Fishback from the ballot or, at a minimum, ensuring that votes cast for him will not count.
Fishback, the controversial Republican candidate for governor who owns property in Washington, D.C., has previously denied claims that he fails to meet the residency threshold.
The Florida Constitution, Article IV, Section 5(b), requires that the governor, when elected, must be “an elector not less than thirty years of age who has resided in the state for the preceding seven years.”
Both Collins and Fishback are among several Republicans challenging Trump-endorsed frontrunner U.S. Rep. Byron Donalds in the GOP primary. They are also both
lower-polling candidates in the race.
The Republican primary for governor is Aug. 18.
